Butindaro v. Grinberg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff commenced this action on December 8, 2005 seeking to recover damages for medical malpractice and wrongful death. Although the appellant doctor Michael Josovitz was allegedly served with process on December 26, 2005 he defaulted in appearing or answering the complaint. However, the plaintiff took no steps to enter a default judgment against the appellant, and in October 2007 the appellant moved pursuant to CPLR 3215 (c), or in the alternative, pursuant to CPLR 306-b and 3211 (a) (8), to dismiss the complaint insofar as asserted against him as abandoned. The Supreme Court, in…
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